scholarly journals effectiveness of the conditions of validity of the barrier condition from disposing of property as a restraint

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Saleh Nasser Al-Otaibi
Keyword(s):  
Private Property ◽  
The Future ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Almost All

Private property is protected by almost all laws, there are some exceptions of disposing of one's property, these exceptions are arranged by the law. Kuwaiti constitution pays much concern about the right of ownership. There is no risk when the law determines restrictions on the owner’s right to dispose of property, but, the risk occurs when the law permits the will of individuals to dispose of the property. Th privative clause of the disposition of the right of ownership is one of the conditions that are contrary to nature of the contracts that transfer the ownership, rather than lead to the transfer of ownershipthe study  concluded with that Kuwaiti law did not confine the occurrence of the barrier to the disposal of a particular type of legal behaviour. Motive condition determines the privative clause from disposition. Flexibility requires strong motive as a flexible standard that accommodates any situation that arises in the future. The strictness of Kuwaiti law shows that it did not always make the condition inhibiting from disposal as permanent, but rather that it must be temporary in a period. 

18 The Law of Neutrality

2021 ◽  
Author(s):  
Bothe Michael
Keyword(s):  
Armed Conflict ◽  
Armed Conflicts ◽  
The Other ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Neutral State ◽  
The Will ◽  
The Law ◽  
The Right ◽  
The Relationship

This chapter focuses on rules of the law of neutrality concerning the protection of the victims of armed conflicts, which must be considered as part of international humanitarian law. ‘Neutrality’ describes the particular status, as defined by international law, of a state not party to an armed conflict. This status entails specific rights and duties in the relationship between the neutral and the belligerent states. On one hand, there is the right of the neutral state to remain apart from, and not to be adversely affected by, the conflict. On the other hand, there is the duty of non-participation and impartiality. The right not to be adversely affected means that the relationship between the neutral and belligerent States is governed by the law of peace, which is modified only in certain respects by the law of neutrality. In particular, the neutral State must tolerate certain controls in the area of maritime commerce. The duty of non-participation means, above all, that the state must abstain from supporting a party to the conflict. This duty not to support also means that the neutral state is under a duty not to allow one party to the conflict to use the resources of the neutral state against the will of the opponent.

The Freedom to Exclude: The Case of Israeli Society

2016 ◽  
Vol 49 (2) ◽  
pp. 237-266 ◽  
Author(s):  
Michal Tamir
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Minority Groups ◽  
Private Property ◽  
Israeli Society ◽  
Private Sphere ◽  
The Public ◽  
The Law ◽  
The Public Sphere ◽  
The Right

The phenomenon of social exclusion in Israel is a vivid demonstration of the Basic Laws' failure to fulfil their integrative role. Despite the ‘constitutional revolution’ and the Supreme Court's ongoing endeavour over the last two decades to instil a bill of rights through its jurisprudence, Israeli society has failed to fully internalise values of equality. In terms of legal jargon, individuals continue to claim and exercise ‘sole and despotic dominion’ over their private property in order to avoid contact with individuals belonging to certain minority groups. In many cases, such behaviour in the private sphere results in exclusion from the public sphere.This phenomenon is especially astonishing considering the fact that many laws in Israel apply the right of equality to the private sphere. Furthermore, the Israeli Supreme Court has developed comprehensive human rights jurisprudence applicable to the private sphere. The gap between the law in the books and the law in action illustrates that effective implementation of human rights in the private sphere cannot be achieved solely by specific legislation or by jurisprudence that is sensitive to human rights. This argument is backed by several recent bills which preserve and enforce the exclusion of minorities, particularly of Arabs, from the public sphere. These bills illustrate that exclusion is indeed a growing phenomenon in Israeli society that cannot be overlooked. Moreover, they underscore the urgent need to entrench a direct obligation to apply human rights to the private sphere at the constitutional level. This will be achieved only when Israel adopts a full constitution.

Locke and Nozick on Property

1982 ◽  
Vol 30 (1) ◽  
pp. 28-41 ◽  
Author(s):  
S. B. Drury
Keyword(s):  
Private Property ◽  
Right To Life ◽  
Natural Right ◽  
Law Of Nature ◽  
The Law ◽  
The Right

In this paper I hope to show that the differences between the Lockian and Nozickian ideas regarding the foundation of private property are far greater than is generally assumed. My purpose is not to criticize Nozick, but to show that the accepted interpretation of Locke on which he relies is mistaken. In particular, I hope to show (1) that the theory of appropriation by labour is not applicable after the invention of money; and is meant to show that the right to property is based on the right to life and self-preservation, and (2) that property arrangements after the introduction of money are justified primarily by utility rather than natural right, and (3) that the conditions created by the invention of money make the ‘regulation’ of private property necessary for the preservation of mankind which is required by the law of nature.

scholarly journals PRIVATE PROPERTY RIGHTS AND THE DECEASED

MEST Journal ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 15-27
Author(s):  
Cole Green ◽  
Alejandro Hernandez
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Legal Theory ◽  
Private Property Rights ◽  
The Future ◽  
The Status ◽  
The Will ◽  
Libertarian Theory ◽  
Deceased People ◽  
Minimal Research

While the libertarian theory of property rights has been thoroughly studied, there has been minimal research done in regard to a deceased person’s ability to dictate the future of the property he owned in life. In this paper, we attempt to develop a theory of the property rights of deceased people consistent with libertarian principles. We analyze the legitimacy of contracts between two individuals after one individual dies, ownership of the cadaver, the deceased’s right to decide which actions are permissible to perform on the said cadaver, and the status of the deceased property when a will both has and has not been written. While there has been no explicit commentary made regarding these topics, outside from the will, the authors extrapolated current libertarian theories on property rights and applied them accordingly. While the authors of the paper ultimately do not reach a consensus agreement on some of the issues discussed in the paper, this exploratory work on the property rights of the deceased is intended to open further discussion and research on the matter to further contribute to the formulation of a concise libertarian legal theory.

scholarly journals LACK OF SUCCESSION IN MACEDONIAN LEGAL SYSTEM

2019 ◽  
Vol 30 (6) ◽  
pp. 1421-1425
Author(s):  
Laze Jakimoski ◽  
Slavica Dimoska
Keyword(s):  
Legal System ◽  
Protection Measure ◽  
Legal Form ◽  
Public Prosecution ◽  
Positive Effects ◽  
Illegal Behavior ◽  
The Will ◽  
The Law ◽  
Almost All ◽  
Law Of Succession

The succession presents property assignment from one person on behalf of others after his death. The process of succession can be performed by the law (heir at law) or by the will. Both options are regulated in details in Macedonian legal system.Whilst the human nature requires to see the positive effects of the inheritance, as well as to research the rights for succession, the law anticipated another opposite option - possibility for cutting of the will or so called lack of succession. The lack of succession represents a legal form where the possible successor loses his right to inherent any asset either by law (ex lege) or by the will. The lack of succession is not linked with the legal possibility for legacy or with the last will, but the lack of succession is linked with the personal character of the successor and his unmoral or illegal behavior. The lack of succession is a kind of penalty for the impropriate behavior of the possible successor towards the owner of the property or towards community from one side, as well as a protection measure for the property owner from the other side.The lack of succession is a part of almost all legal systems, in almost all of the countries with the only difference in the reasons why a person can be proclaim undignified for a legacy and a person with a lack of succession.The Macedonian legal system anticipated few reasons that are going to be elaborated in details in this paper. Mainly, those are cases where the possible successor reaches or tried to reach to the life of the owner of the will, forced or used some other illegal way to lead the owner of the will to make or abrogate the will, hide or destroyed the will in order to make a fake copy and change the last will, violate the obligation for sustenance or denied to offer the necessary assistance.In order to be affirmed these statements, Public prosecution and State attorney Office are authorized to obtain the information they have.These statements will be proved or denied by the Court, an institution authorized to prove the lack of succession.The conditions foreseen in the law of succession cannot be changed or modified.

Predict

2013 ◽  
Author(s):  
Gautam Shroff
Keyword(s):  
Video Game ◽  
Eye Gaze ◽  
Laws Of Nature ◽  
The Other ◽  
The Future ◽  
Scientific Mind ◽  
Multiple Regions ◽  
The Right ◽  
Almost All ◽  
Hand Image

‘Predicting the future’—the stuff of dreams one might imagine; the province of astrologers and soothsayers, surely. Perhaps not, the scientific mind might retort: after all, is it not the job of science to discover laws of nature, and thereby make precise, verifiable predictions about the future? But what if we were to claim that prediction is neither fanciful nor difficult, and not even rare. Rather, it is commonplace; something that we all accomplish each and every moment of our lives. Some readers may recall the popular video game, pong, where the goal is to ‘keep the puck in play’ using an electronic paddle. Figure 2 shows images of two different pong games in progress. In addition to the paddle and puck, the players’ eye gaze is also being tracked. The image on the left shows the player’s eyes tracking the puck itself. On the other hand, in the right-hand image, the player is already looking at a point where she expects the puck to travel to. The player on the left is reactive; she simply tracks the puck, and as the game gets faster, she eventually misses. The right player, in contrast, is able to predict where the puck will be, and most of the time she gets it right. Further, we often see her eyes dart faster than the puck to multiple regions of the field as she appears to recalculate her prediction continuously. What kind of player do you think you are? As it happens, almost all of us are predictive players. Even if we have never played pong before, we rapidly begin predicting the puck’s trajectory after even a few minutes of playing. The ‘reactive player’ in this experiment was in fact autistic, which apparently affected the person’s ability to make predictions about the puck’s trajectory. (The neurological causes of autism are still not well known or agreed upon; the recent research from which the images in Figure 2 are taken represent new results that might shed some more lightonthisdebilitatingcondition.) So it appears that prediction, as exhibited by most pong players, is far from being a rare and unusual ability. It is in fact a part and parcel of our everyday lives, and is present, to varying degrees, in all conscious life.

scholarly journals Implementasi Ide Restorative Justice ke dalam Ketentuan Peraturan Perundang-Undangan Anak di Indonesia

2018 ◽  
Vol 7 (2) ◽  
pp. 204
Author(s):  
Boyce Alvhan Clifford ◽  
Barda Nawawi Arief
Keyword(s):  
Restorative Justice ◽  
Broad Sense ◽  
Criminal Cases ◽  
Original State ◽  
The Future ◽  
Strategic Position ◽  
The Law ◽  
The Right ◽  
Laws And Regulations

Restorative Justice is a settlement of criminal cases involving perpetrators, victims, families of perpetrators / victims, and other concerned parties to jointly seek a fair settlement by emphasizing restoration back to its original state, rather than retaliation. Restorative Justice actually has a strategic position as a means of defending the rights of children in conflict with the law. But the constraint is how Restorative Justice can not run efficiently if applied not in the right way. The aim of this research is to find out the synchronization / harmonization of Restorative Justice idea formulation in various laws of child in Indonesia, both current (ius constitutum) and in the future (ius constituendum). By using the Normative Juridical method in a broad sense, this research is not only limited to looking logically / systematically in the whole set of norms but also includes the philosophical, sociological, historical, and comparative background of the implementation of the idea of ??restorative justice itself. The study shows that the idea of ??Restorative Justice has been implemented in the provisions of the laws and regulations of children in Indonesia, but still shows that the application has not been maximized. In the hope of implementing Restorative Justice idea in the future, RKUHP is formulated to meet the shortcomings contained in the provisions relating to Restorative Justice ideas in the present. Restorative Justice merupakan penyelesaian perkara tindak pidana dengan melibatkan pelaku, korban, keluarga pelaku/korban, dan pihak lain yang terkait untuk bersama-sama mencari penyelesaian yang adil dengan menekankan pemulihan kembali pada keadaan semula, dan bukan pembalasan. Restorative Justice sebenarnya memiliki posisi yang strategis sebagai suatu sarana dalam mempertahankan hak-hak anak yang berkonflik dengan hukum. Namun yang menjadi kendala adalah bagaimana Restorative Justice itu tidak dapat berjalan secara efisien bila diterapkan bukan dengan cara yang benar. Tujuan penelitian ini untuk mengetahui sinkronisasi/harmonisasi formulasi ide Restorative Justice di berbagai peraturan perundang-undangan anak di Indonesia, baik yang berlaku sekarang ini (ius constitutum) maupun di masa mendatang (ius constituendum). Dengan menggunakan metode Yuridis Normatif dalam arti luas, penelitian ini tidak hanya sebatas melihat secara logis sistematis dalam keseluruhan perangkat norma melainkan juga mencakup latar belakang filosofis, sosiologis, historis, komparatif, dari implementasi ide restorative justice itu sendiri. Hasil studi menunjukkan bahwa ide Restorative Justice telah terimplementasi dalam ketentuan Peraturan perundang-undangan anak di Indonesia, namun masih menunjukkan penerapan yang belum maksimal. Menjadi harapan atas penerapan ide Restorative Justice dimasa mendatang maka RKUHP diformulasikan untuk memenuhi kekurangan-kekurangan yang terdapat dalam ketentuan-ketentuan terkait ide Restorative Justice yang ada pada masa kini.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

scholarly journals THE SPEECH LOGIC LAWS AS A THEORETICAL AND METHODOLOGICAL BASIS FOR THE FORMATION OF STAGE SPEECH AS A VERBAL IMPACT

2018 ◽  
pp. 31-41
Author(s):  
Anfisa Kolenko
Keyword(s):  
Important Task ◽  
Speech Communication ◽  
Creative Task ◽  
Methodological Basis ◽  
The Future ◽  
The Law ◽  
Main Thing ◽  
The Right ◽  
Conscious Activity ◽  
Genitive Case

The main thing in the actor`s work is to identify the essence of the work (the most important task) and to translate it into a role (through action). The law of verbal exposure requires the performer to regard communication with partners with the help of the word as a conscious activity aimed at performing a certain creative task. Based on the study of the structure of speech communication, K. S. Stanislavsky formulated the law of context, the law of subtext. The speech logic laws dictate the rules for placing pauses, logical stress, intonation of speech in a sentence and help the future actor to find the right solution to work on the role. Knowledge of the laws and rules helps to determine the place of the logical stress: the genitive case, the comparison, the opposition, the match, the emphasis on the pronoun, the adjective, the verb, the rule of the new concept, the homogeneous parts of the sentence.

scholarly journals Issues of Studying the Function of Signs Resembling Tamgas of the Kazakh Medieval Nomads

2020 ◽  
Vol 4 (34) ◽  
pp. 66-80
Author(s):  
Samat K. Samashev ◽  
Keyword(s):  
Public Relations ◽  
Ethnic Groups ◽  
Middle Ages ◽  
Private Property ◽  
Cultural Processes ◽  
Ancient Times ◽  
The Right ◽  
Almost All ◽  
Functional Purpose ◽  
The Middle Ages

The article considers the functional purpose of signs resembling tamgas of the Kazakh medieval nomads. Today, scientists from Kazakhstan and foreign scientists are studying the system of tamga formation by people inhabiting Kazakh steppes since the ancient times. Year by year scientists reveal new movable and immovable monuments with images of tamgas belonging to the different periods of history. Among them the most distinguishing ones are the tamgas of the Middle Ages. During the Middle Ages complex ethno-political and socio-cultural processes took place there – Western Turkic, Turgesh, Karluk, Oguz and Kimak khanates as well as state formations of the naimans, karakhans, kereits, zhalayyrs and kipshaks were founded and disintegrated. It is known that the nomadic ethnic groups of the Middle Ages had independent tamgas, both tribal and derived from them, as well as family and personal, which showed their status in society, the right to property, etc. Tamgas were used to mark weapon, coins and items of household and clothing. Almost all objects were marked with tamgas, tamga practically was used a tool of management, i.e. it was a sign of statehood, ancestral affiliation, private property, and was also used as a memorial text, a talisman and, perhaps, "to give an individual a special status". Tamgas are said to be an ancient prototype of modern legal acts regulating public relations.

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